We have purchased a agricultural property from legal heirs of Late.Krishnamma who had purchased land in 1940's Now for the same land suit for partition is been filed by the family members of late.Krishnamma's husband's...brothers grand children stating that the property is a HUF property having purchased by selling movable assets. My querry is how will the case be decided
Kindly let me know as to the contents of the sale deed which has been given and also the mother document under which Krishnamma has derived right. Has it been mentioned as to the channel of payment of sale consideration in the said sale deed? What succession Act applies, to your knowledge, to Krishnamma? The burden of proving that the said property was purchased out of the assets of the joint family is on the person who is contending it. If your lawyer is efficient enough, he would dig into these minute facts and you could win the case, if there is no evidence to the said effect.
Hope before purchasing the land the title investigation was done and public notice was placed in the local newspaper. If the public notice intending the purchase of the land was published and no objection was received from any of the claimants who have now filed the suit, it could be one of a good defense for you, being a bona fide purchaser
THE LEGAL HEIRS COULD CLAIM THE RIGHT OVER THE PROPERTY IN GENERAL PARTITION SUIT.But in your case the details are not properly furnished,the recitals in the sale deed,conditions etc are to be taken into concideration.... and I agree with uday prakash Muliya views.
There are one of 4 brothers, elder 1 is HUF in the Agri. Land property . Younger one out of rest 3 is deceased. Names of the Heirs of the deceased person can recorded in 7/12 extract (Revenue Record). Pls email me the procedure.